The official title of this chapter is the "Waterford Borough
Subdivision and Land Development Ordinance." This chapter shall take
effect on February 11, 1991. This chapter repeals and replaces the
former Borough Subdivision Ordinance which was adopted on April 18,
1960, as well as all amendments made thereto.
The provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, safety and general
welfare. Whenever the requirements of this chapter are at conflict
with the requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
This chapter is adopted and designed pursuant to the authority
vested in the Borough by the Pennsylvania Municipalities Planning
Code, PA, Act 247 of 1968, as amended, Section 501.
No subdivision or land development or any lot, tract or parcel
of land shall be effected; no street, sanitary sewer, storm sewer,
water main or other facilities in connection therewith shall be laid
out, constructed, opened or dedicated for public use and travel, or
the common use of occupants of building abutting thereon; except in
full compliance with all provisions of this chapter. No lot in a subdivision
may be sold, no permit to erect, alter or repair any building in a
subdivision may be issued, unless and until a plan of such subdivision
shall have been approved and properly recorded, and until the improvements
required by the Borough Council in connection therewith shall have
either been constructed or guaranteed as herein provided.
This chapter and Zoning Map are intended to promote and achieve the following objectives:
A. To support and encourage order and beauty in the development of the
Borough's environment for the convenience and pleasure of present
citizens and future residents through sound land development practices
and the provision of adequate public utilities and facilities.
B. To encourage future land and structure redevelopment to have a logical
and efficient pattern of future Borough growth.
C. To encourage future residential units to occur in a harmonious arrangement
within compact neighborhood areas.
D. To protect strategic properties suitable for industrial development
for the establishment of manufacturing industries in the Borough.
E. To guide commercial development in such a way so as to minimize adverse
influence on adjacent roads or land values; to maintain and revitalize
existing commercial areas, and to encourage new diversified commercial
facilities to locate in functionally designed centers with safe and
adequate highway access.
F. To protect property values to the extent possible to ensure suitable
and attractive preservation of existing development in the Borough.
G. To encourage development of integrated and cohesive business and
residential areas.
H. To encourage developers to incorporate proper site design and adequate
parking facilities into existing parcels and future subdivisions and
land developments.
I. To strengthen the basic tax base of the Borough.
The provisions within this chapter are designed to fulfill the objectives cited in §
234-5. The degree of protection sought by the conditions and requirements of this chapter for the present and future residents and landowners in the Borough is considered reasonable for regulatory purposes. This chapter does not imply that compliance with the minimum requirements will be free from inconvenience, conflicts, dangers or damages. Therefore, this chapter shall not create liability on the part of individual members of the Borough Council or any officer, appointee or employee of the Borough for any damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
Where, owing to special conditions, a literal enforcement of
this chapter would result in unnecessary hardship, the Borough Council
may make such reasonable modification of the requirements in this
chapter that will not be contrary to the public interest, and may
permit the sale of a lot, issuance of a permit, or erection of a building
subject to conditions necessary to assure adequate streets and other
public improvements, in compliance with Section 512.1 of the Planning
Code.
Plans of subdivisions shall be reviewed by the County Planning
Department. Before the approval of a plan by the Borough, the Borough
shall transmit the plat and five copies of the plan to the County
Planning Department for review, comments and recommendations. Pending
the receipt and consideration of such comments and recommendations,
the Borough shall defer action thereon, but if such report is not
received by the Borough within 30 days from submission of the plan
to the County Planning Department, or within such further time as
may be agreed upon by the Borough Council, the Borough may proceed
to final action thereon.